CCI Issues Final Warning to Apple, Threatens Unilateral Action in Antitrust Case

The Competition Commission of India has given a ‘final warning’ to American technology giant Apple. As per an internal order, the Commission has stated that in case of no response, it will take unilateral action against Apple in an antitrust matter. It has been alleged that Apple has been stalling in giving their response to authorities for the past year, trying to sabotage the investigation.

This is a long-standing battle, having started in 2022 when Match Group, a parent company of Tinder, together with a number of Indian startups, filed an antitrust complaint against Apple. In 2024, a report by investigators indicated that the American smartphone maker practiced "unfair conduct" in its app store on the iOS platform.

Apple has expressed concern that if the Competition Commission of India (CCI) uses its "global turnover" to calculate the penalty, it could face fines of up to $38 billion. The investigation found that Apple abused its dominant position in the App Store. However, Apple denies these allegations. The company has challenged India's penalty in an Indian court, and the case is still pending.

While Apple's challenge is being heard in the Delhi High Court, a confidential order dated December 31 reveals that Apple privately requested the CCI to put the entire case on hold until the court's decision. The CCI flatly rejected this request. The Commission stated that it had already asked Apple to submit its objections to the investigation findings and submit financial statements for the assessment of penalties in October 2024. However, the company has been granted "repeated extensions" since then. The CCI, in its order, strongly remarked, "The Commission is of the view that repeated requests for dates, despite clear instructions, undermine procedural discipline and hinder the timely conclusion of the proceedings."

The CCI has made it clear that such laxity cannot be continued indefinitely. The Commission has given Apple a final opportunity to respond by next week. If a response is not received, the Commission will proceed with the case. Sources familiar with the matter say that Apple views this as a ploy to pre-empt the court proceedings through the CCI. It is likely that the company will not respond to the CCI before the next court hearing on January 27th.